Product Liability

1536 Words4 Pages

The topic I chose is Product Liability. Product liability is designed to help small business owners in circumstances where a customer purchases one of their products, and an issue with that product causes the customer bodily injury or property damage. When a problem like this occurs, the business owner may be held responsible for the damages if the source of the issue can be traced back to the business. Flawed or dangerous products are the cause of thousands of many injuries every year in the United States. Product liability law has rules concerning who is held accountable for defective or dangerous products and is different from ordinary injury law. This set of rules occasionally makes it easier for an injured person to recover damages. There …show more content…

Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. The law entails that a product meets the everyday expectations of the consumer. When a product has an unpredicted defect or danger, the product cannot be said to meet the normal expectations of the consumer. There is no federal product liability law. Usually, product liability claims are based on state laws, and brought under the concepts of negligence, strict liability, or breach of warranty. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product …show more content…

A product does not need to present the obvious possible dangers like a chainsaw to require adequate warnings as to misuse or risks. In Indiana, the failure to provide understandable warnings or instructions on any consumer product, where they are necessary, renders a product defective under the Indiana Product Liability Act. Under the Act, a product is defective if the seller fails to correctly package or label the product to give reasonable warnings of danger about the product; or give reasonably complete instructions on proper use of the product. When the seller by exercising reasonable diligence, could have made such warnings or directions accessible to the user or

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